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LABOUR PARTY & ORS
V.
OKO & ANOR

(2022) JELR 109876 (CA)

Court of Appeal 30 Sep 2022 Nigeria
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- This is an appeal against a judgment of the Federal High Court in Nigeria. - The lower court found in favor of the 1st respondent and granted the reliefs claimed by him in his originating summons. - The 1st respondent raised questions reg

Case Details

Suit Number:CA/E/224/2022
Judges:Uzo Ifeyinwa Ndukwe-Anyanwu JCA Joseph Olubunmi Kayode Oyewole JCA Joseph Eyo Ekanem JCA
Counsel:O.P. Emeka, (SAN) with him, L.O. Nkwegu, Esq. and M.N. Imakwu, Esq. for the Appellants; J.O. Asoluka, (SAN) with him, C.A. Ani, Esq. for the 1st Respondent; Ibrahim Obiahu, Esq. for the 2nd Respondent.

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, holden at Abakaliki (the lower Court) delivered on 3/8/2022 by F.O. Riman, J. In the judgment, the trial Court found in favour of the 1st respondent (qua plaintiff) and therefore granted the reliefs claimed by him in his originating summons. Aggrieved by the decision, the appellants appealed to this Court by the means of a notice of appeal that was filed on 18/8/2022.

The facts of the case leading to this appeal may be summarized as follow: The 1st respondent took out a writ of summons at the lower Court against the appellants and the 2nd respondent raising the following questions: 

1. Whether the 1st, 2nd and 3rd defendants can validly substitute the name of the plaintiff as a gubernatorial candidate of Labour Party in Ebonyi State for the 2023 general elections without a valid withdrawal letter signed by the plaintiff and personally delivered to the 1st defendant…

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